The Centre on Tuesday told the Supreme Court that it would file within a week its response on the petitions raising issues related to the Foreign Contribution Regulation (Amendment) Act, 2020. While one of the petitions has challenged certain recent amendments to the Act, another plea has sought a direction to the government not to grant any further extension to the NGOs to comply with specific provisions of the law including on opening of bank account at a specific branch of a nationalised bank.
The matter came up for hearing before a bench headed by Justice A M Khanwilkar. "Here, the challenge is to the validity of FCRA. Our reply is to come on record. I will file it within a week," Solicitor General Tushar Mehta, appearing for the Centre, told the bench.
"Solicitor General submits that he will personally ensure that reply affidavit is filed within one week. List after one week," said the bench, also comprising justices Dinesh Maheshwari and C T Ravikumar. On September 7, the top court had granted three weeks to the Centre and others to respond to a batch of pleas, including the one which has said that May 18 notification of the Ministry of Home Affairs had extended the date for compliance of specific provisions of the Act regarding the opening of account in the designated branch of State of Bank of India here from March 31, 2021, to June 30 this year.
The apex court had said it will be open to the respondents to file a common reply affidavit which can be used in all these cases. One of the petitions has said the ministry has also validated the licences of these NGOs and individuals till September this year and these decisions were taken only on the grounds of COVID-19 exigency, as many NGOs are involved in COVID relief work.
It has sought directions from the government to maintain a register of all NGOs who are involved in receiving funds under the FCRA, particularly during COVID times. The plea said the petitioner does not dispute the fact that many genuine NGOs and individuals, holding FCRA licence, are doing significant work, particularly for COVID relief.
There is another related aspect of alleged diversion of funds received under FCRA for work or agenda not permitted under the law and this needs to be addressed, said one of the petitions filed by a Maharashtra-based man. It said one of the requirements under the amendment Act of 2020 is that each license holder under FCRA has to open a bank account in a nominated branch of the State Bank of India at New Delhi. "In response to the representations made by several NGOs to relax the dates for complying with the FCRA requirements in view of the COVID times, the MHA first extended the date for compliance till March 31, 2021, and then on May 18, 2021, the MHA has once again extended the deadline to June 30, 2021. Similarly, the MHA has also extended till September 2021, the validity of the registration certificate of all FCRA license holders," it said. The plea said in the past also, there have been many instances where cases of alleged misappropriation of funds by some NGOs have been highlighted and acted upon.
It said the petitioner is seeking the issuance of direction to the Centre not to extend the dates for compliance with the FCRA requirements any further, apart from the presently extended period. "It is clarified here, that the petitioner is not impugning per se the MHA notifications by which the dates have been presently extended," one of the pleas has said.
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